We, the students of Kathmandu School of Law, Nepal ( Dikshya Bhandari, Sukriti Dahal,Rachana Dangal, and Didkiksa Singh), present “Project Aadhunik” a social impact project under the Millennium Fellowship Class of 2024.
While the digital era has provided unprecedented opportunities and made access to
the internet increasingly regarded as a fundamental human right, it has also enabled
the proliferation of digital misogyny and technology-facilitated gender-based violence(GBV), disproportionately impacting women and girls. Project Aadhunik is a
comprehensive research initiative committed to investigating the legal challenges
surrounding ‘digital misogyny’ and ‘technology-facilitated gender-based violence
(GBV) within Nepal and other South Asian countries. Project Aadhunik aims to conduct in-depth research outlined in the topic “‘Digital Misogyny and the Legal Challenges in Combating Technology-Facilitated Gender-Based Violence: A Gendered Perspective in Nepal and Other South Asian Countries.” Through rigorous legal research and evidence-based policy recommendations, Project Aadhunik seeks to foster a safer and more inclusive digital space for girls and women.
Background of the research:
Digital misogyny refers to the expression of hatred, prejudice, or discrimination against women and girls on digital platforms. It involves a wide range of behaviors, including online harassment, hate speech, and the dissemination of sexist content. Digital misogyny intends to demean or control women in digital spaces, thereby reinforcing harmful gender norms and stereotypes. Though it may not always lead to direct violence, it surely contributes to a hostile environment for women and girls. Without necessarily intending to cause physical harm, the purpose of digital misogyny is often to express contempt or a sense of superiority over women.
Conversely, technology-facilitated gender-based violence (GBV) is defined as “Action by one or more people that harms others based on their sexual or gender identity or by enforcing harmful gender norms. This action is carried out using the internet and/or mobile technology and includes stalking, bullying, sex-based harassment, defamation, hate speech, exploitation, and gender trolling.” (Hinson, Mueller, O’Brien-Milne, & Wandera, 2018). This also includes other forms of violence that use technology as a tool or medium.
Although there is the absence of an international legal standard framework specifically governing online violence, in 2017 Recommendation 35 of the Committee on the
Elimination of All Forms of Discrimination Against Women (CEDAW) broadens the
definition of violence against women to include ‘technology-mediated settings’ thereby addressing the Technology facilitated violence against women.
Relevance and Significance of the Study :
World Health Organization (WHO) research shows that one in three women will have experienced a form of violence in her lifetime. According to the Institute of
Development Studies, between 16-58 percent of women have experienced technology-facilitated gender-based violence. The World Bank Group’s Women, Business and the Law project reveals that only 12% of economies (22 countries) globally have established legal protections against cyber sexual harassment; however, none are located in South Asia.
As in many cases of Online Gender-Based Violence in Nepal, there is no specific
regulation defining, prohibiting, and penalizing acts such as revenge porn, and
authorities instead rely on a provision of the Electronic Transactions Act 2008
penalizing the publication of illegal material to prosecute perpetrators and ban host
servers. The provision loosely defines what constitutes ‘illegal material’ and is prone to misinterpretation.
1.3 Research Questions:
What are the existing legal frameworks in Nepal and other South Asian countries to
address digital misogyny and technology-facilitated gender-based violence (TFGBV)?
What are the key legal challenges in effectively combating digital misogyny and TFGBV in these regions?
To what extent do current legal and policy frameworks in South Asia address digital
misogyny and TFGBV?
What are the gendered impacts of digital misogyny and Technology-Facilitated GBV on women and girls in Nepal and South Asia?
What legal reforms are necessary to create a more gender-sensitive approach to
cybercrime in South Asia?
Methodology and scope :
This research will employ a qualitative research methodology and quantitative
research methodology that combines desk research, comparative legal analysis, and
fieldwork to address the research questions. The research will be based on a review of existing legal texts, case law, reports, KIIs, and academic literature on cybercrime laws and gender-based violence in Nepal and South Asian countries.
Legal Analysis: This will involve a review of the cybercrime laws, policies, and national regulations in Nepal, India, Bangladesh, Pakistan, Sri Lanka, and Bhutan. The focus will be on laws relating to digital misogyny and Technology-Facilitated Gender-Based Violence (GBV).
Case Studies: Analysis of real-life cases of digital misogyny and TFGBV to understand the gaps in the legal response and their impacts on victims and also the vedicts given by the courts.
Fieldwork: The study will also include interviews with key stakeholders, including
lawmakers, legal experts, civil society organizations, and women’s rights activists in
Nepal to gather insights into the legal challenges and policy recommendations.
Comparative Approach: The legal frameworks in South Asia will be compared to
identify regional trends, challenges, best practices, and potential solutions.
Survey: A survey on perceptions of women and girls of different age groups on digital safety and experiences with online violence in Nepal.
Alignment with SDGs:
Project Aadhunik aligns with:
SDG 4: Quality Education
SDG 5: Gender Equality
SDG 16: Peace, Justice, and Strong Institutions